Jo Ann Hoffmann v. United States

Jo Ann Hoffmann appeals the district court’s 1 dismissal of her Federal Tort Claims Act (FTCA) action for failure to serve the defendant. We grant her leave to appeal in forma pauperis, and we affirm the dismissal, modifying it to be without prejudice.

We conclude that the district court did not abuse its discretion in dismissing Hoffmann’s action for insufficient service. See Bullock v. United States, 160 F.3d 441, 442 (8th Cir.1998) (per curiam) (standard of review). In an FTCA action, the United States is the real defendant. See 28 U.S.C. § 2679. To serve the United States properly,…